Firms involved
Ludwar Law Firm, McKercher LLP, Unrepresented, McDougall Gauley LLP, Gerrand Rath Johnson LLPPlaintiff
James W. Ludwar
Defendant
Jason M. Clayards
Other
Calen Nixon
Samuel I. Schonhoffer
Facts:
Dianne Banerjee, an employee of Saskatchewan Telecommunications (SaskTel), sought long-term disability benefits under the DIP after her benefits were denied in 2016. The plan was administered by PEBA, not directly incorporated into her union’s CBA.
Legal Issues:
The Government of Saskatchewan argued the claim should proceed via judicial review or arbitration under the CBA. Ms. Banerjee contended litigation was appropriate.
Court’s Findings:
The court ruled that the DIP plan explicitly permitted litigation and that the denial of benefits was not subject to arbitration under the CBA. Judicial review was also deemed inappropriate because PEBA lacked quasi-judicial authority.
Costs Awarded:
The court awarded $5,000 in costs to Ms. Banerjee, $2,500 to Unifor (her union), and $2,500 to SaskTel, emphasizing her claim was properly brought in court.
Court
Court of King's Bench for SaskatchewanCase Number
QBG-RG-00054-2017Practice Area
Labour & Employment LawAmount
$ 10,000Winner
PlaintiffTrial Start Date
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